U.S. v. CROWDER

Nos. 92-3133, 93-3059 and 94-3108.

141 F.3d 1202 (1998)

UNITED STATES of America, Appellee, v. Rochelle Ardall CROWDER, Appellant. UNITED STATES of America, Appellee, v. Horace L. DAVIS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 1, 1998.


Attorney(s) appearing for the Case

Neil H. Jaffee, Assistant Federal Public Defender, Washington, DC, argued the cause, for appellant Horace Lee Davis, and Gerald I. Fisher, Washington, DC, appointed by the court, argued the cause, for appellant Rochelle Ardall Crowder. With them on the joint and supplemental briefs were A.J. Kramer, Federal Public Defender, Santha Sonenberg and Lisa B. Wright, Assistant Federal Public Defenders.

Roy W. McLeese, III, Assistant U.S. Attorney, Washington, DC, argued the causes, for appellee. With him on the brief were Eric H. Holder, Jr., U.S. Attorney at the time the supplemental briefs were filed, and John R. Fisher, Assistant U.S. Attorney.

Before: EDWARDS, Chief Judge, WALD, SILBERMAN, WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL, and GARLAND, Circuit Judges.


Argued En Banc January 28, 1998.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Dissenting opinion filed by Circuit Judge TATEL, in which Chief Judge EDWARDS and Circuit Judges WALD and SILBERMAN join.

Dissenting opinion filed by Circuit Judge SILBERMAN.

RANDOLPH, Circuit Judge:

The principal question in these cases is whether a criminal defendant may, over the government's objection, offer to concede an element of an offense...

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